How long will it take for our justice system to recognize the abuse and bias at play?

An Open and Shut Case of 
                                    Foul Play!

At what point does the glaring truth become too big to ignore?

On October 20, 2024,

after months of anxious waiting and hoping that the Supreme Court would finally hear my plea and recognize that I committed no crime, I received a single, baffling piece of paper. It offered no clarity, only deeper confusion. When I called the number provided, the person on the line confirmed that a decision had been reached but said I could still appeal. This contradiction—finality paired with the possibility of appeal—was confusing enough. Then, he suggested I could go to the High Court to fight the decision using new evidence. But what constitutes “new” evidence when the courts haven’t even considered the evidence I’ve already provided? Six valid reasons for my appeal have been summarily ignored, never addressed.

The farcical mediation event video underscores that I was acting out of genuine fear and duress, taking measures necessary to avoid what might otherwise be interpreted as a suicide. And yet, five witnesses, whose testimonies would corroborate my state of fear and a plethora of video and audio evidence, have been selectively disregarded. Including a video of a guest warning me about potential safety concerns, death-threat style. These were people who knew the reality of my situation then, who knew I was crying out for help.  At what point is calling my plea 'unimportant to the case' corruption?

To compound my anguish and maintain the harassment, I received another summons that same week, notifying me of a court appearance on November 18, 2024. Desperate for answers, I called to find out if this was related to my lawsuit or if I was being sued again. No one could provide any clear information. Is it unreasonable to want to know if I can go home for Christmas this year, or if my dear friend should go ahead and get her plane ticket? I told her not to get her ticket just to be safe. What would you do? I don't want to burden anyone financially or waste her money. If I cannot leave Taiwan, I will lose my own ticket—an expense that is not insignificant, but it really is an abusive and backward encounter, to say the least.

The judicial silence is oppressive. It appears that, to them, I am not entitled to even the most basic human courtesy: to be told if I can leave the country. This disregard for decency is demoralizing, a remnant of an authoritarian approach that treats individuals with utter indifference. Six valid points for appeal—consistently dismissed without reason. This is not exaggeration; it is the unvarnished truth of my situation.

When does the issuance of more than five judicial notices in one month—cryptic, bewildering, and beyond comprehension even for locals who are trying to help—cross the line into abuse, bullying, and the savage treatment of a human being?

I am without resources, unable to afford a lawyer, and indebted to friends who have generously but unsustainably tried to support me. This case has devastated my life, as if the objective was to break me completely.

Taiwanese law is clear:

The justice system should not be wielded as a weapon to destroy an individual. Yet, this principle has been ignored in my case. The law states that actions taken under fear, duress, or necessity should not result in criminal liability. I have compelling video evidence and five witnesses who attest to my fear and the necessity of my actions—evidence dismissed as irrelevant by the courts.

I have pursued every available avenue for assistance and have only been met with rejection. I have five formal refusals from the Legal Aid Foundation. The compassionate efforts of others have been in vain. This case, while it may seem small, reveals systemic flaws and mocks the very notion of justice. It cries out for reform in Taiwan’s judicial process.

I am writing this with the hope that, miraculously, a lawyer might step forward to support me at my next court appearance and help put an end to this devastating ordeal.

Selectively Ignored

In Taiwan, the relevant legal principles for committing an act under duress or necessity are found in the Criminal Code of the Republic of China (Taiwan):

Article 21 - Necessity: This article states that an act performed out of necessity to avoid imminent danger to oneself or others may not be punishable if the danger could not otherwise be averted. The principle of necessity is meant to protect individuals who commit acts under extraordinary circumstances where harm is unavoidable.

Article 23 - Self-defense and Necessity: This article provides that if a person acts under compulsion, they may not be held criminally liable. This law is used to justify actions taken under duress or to prevent immediate harm to oneself or others, provided the response is proportional to the threat faced.

These provisions reflect that Taiwanese law acknowledges the concept of necessity and duress as defenses that can absolve a person from criminal liability if certain conditions are met. The specific application of these defenses depends on judicial interpretation and the details of the case.

What would you do?

The Landlord Scam Folder

The contents of my Landlord Scam Folder include over 345 files, mostly scanned cryptic mail I have received. To fail to respect a person's mental health and life in this way is simply savage! It is hard not to wonder if this could be about more than just me briefly sharing my rental contract nearly four years ago.

345+ Files From October 14, 2020 - November 1, 2024

My experience with the sorry excuse for a justice system here makes the "American Man Kills Himself in Taiwan Courtroom After Drug Sentence" news headline much easier to relate to and understand. The judicial system here has made it painfully clear that:

• My need for privacy, with only glass for protection, doesn’t matter to them.
• Having a sliding glass door that doesn’t lock isn’t important.
• My fear for my safety is evidently insignificant to them.
• The landlord breaking the contract and scamming me is acceptable.
• The landlord deserves $10,000 in emotional damages in mid-2024 because I shared the PDF of the contract she broke in 2020.
• I don’t deserve to know if I can leave the country to visit my family this Christmas and won’t know until I arrive at the airport.
• They don’t care that I may never see my grandmother again because of this or the pain they are causing my family.
• Losing my flight ticket and the money for it means nothing to them.
• I cannot know if I will face yet another lawsuit when I am summoned to court on November 18 until that date.
• Relentlessly sending a high volume of cryptic mail, which even native Chinese-speaking friends struggle to make sense of, could drive anyone to despair, as reflected in the headline above.
• Their failure to follow Taiwan’s law and give me, the foreigner, the same consideration they would give anyone else, while increasing my penalty from 2 to 6 months because I wasn’t remorseful enough, disregards how emotionally and mentally devastating their actions have been. This has ruined my life financially and will unfortunately continue to have a detrimental effect on many others as well.

So to recap:

Key Information:

• Sender: The Supreme Court’s clerk’s office (最高法院書記處).
• Recipient: The letter is addressed to “Cline Ross Neill” (柯愛思 in Chinese), meaning it’s intended for you.
• Legal Matter: The letter states that you have violated the “Personal Data Protection Act” (個人資料保護法).
• Date of Legal Decision: It mentions that the Supreme Court made a ruling on October 16, 2024 (113年 in the Taiwan calendar).
• Case Number: The case reference is Case No. 4256 (第4256號判決案件).
• Action Required: This letter is informing you of your right to appeal (上訴駁回), implying that there has already been a decision made, but you may still have legal options to contest it.
• Additional Information: The main judgment was published on the court’s website on October 16, 2024.

Next Steps:

1. Understand the Violation: It looks like you may have been found guilty or involved in a case regarding a breach of Taiwan’s Personal Data Protection Law. You should try to get more details about the specific violation.
2. Consider an Appeal: You have the option to appeal, as the document highlights the possibility of appealing the decision. It’s important to determine the deadline for this.
3. Contact a Lawyer: Since this is a legal matter with potentially serious consequences, it would be wise to consult a local lawyer in Taiwan who specializes in personal data protection or related legal areas. They can guide you on whether to appeal and what steps to take next.
4. Follow the Official Website: You may need to look up further details of the ruling on the court’s website. The letter mentions that the ruling was posted on the website on October 16, 2024.

At what point would it be safe to say that culture is not your friend?

I feel a deep sadness in exposing Taiwan’s wrongdoings like this, but I am absolutely certain that I am not guilty of any crime. Instead, I am, and continue to be, the target of relentless and severe foul play. This is becoming increasingly difficult to ignore, and I suspect that it might stem from cultural differences or even blatant racism. This is the reality I am facing.

...and today November 1, 2024,
                I got this mail:

The perfect example of cryptic mail

Well, what would the typical number of days be for my deadline, or is this just a cryptic message to mess with me, like all the other messages they have given? It's becoming a glaring joke at this point.  I can't get a lawyer, I have no money for a lawyer, I've been to legal aid, they won't give me any aid. It's like a big conspiracy against me!

 

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I hear your frustration, and it's understandable given the situation you're describing. It sounds incredibly difficult to navigate such a complex system without sufficient support or resources. In Taiwan, court documents often indicate that responses or actions must be taken within 10 to 20 days from the date of issue, though it can vary depending on the nature of the case. If the document mentions "113年10月24日" (October 24, 2024) as a key date, it's likely referencing either the date of issue or when you should take action by. If this is the date of issue, then you might have until early to mid-November 2024 to respond, based on typical timelines. Here are a few suggestions you might consider, given your challenging circumstances:

1. Contact the Court Directly: You can call or visit the court that issued the document to ask for clarification. They should be able to provide information about the specific deadlines and procedures.
2. Community Legal Resources: While formal legal aid may not have been helpful, sometimes there are volunteer lawyers or advocacy groups that take on cases pro bono or at a lower cost. Searching for those who specialize in human rights or public defense might be beneficial.
3. Written Response: If possible, you could draft a letter explaining your situation (even in English if that's your strong suit), mentioning that you've been seeking legal assistance but cannot afford representation. This at least shows you're making an effort to respond.

It can feel overwhelming, but trying to submit any response to the court within the assumed timeframe might help, even if it's to state your challenges in complying with the notice due to a lack of resources. 

 

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Final Thoughts

This sums it up. A long commentary is unnecessary because this speaks for itself. I have become accustomed to receiving this sort of mail on a Friday afternoon, ensuring that yet another weekend is spent with unanswered questions weighing on me until I can take time away from work—or searching for work—on Monday. At what point does this become abusive and a violation of basic human rights? At what point is it simply savage?

Three afternoons in jail:

• Twice due to the system’s negligence, despite phone and fax notifications informing them that I was in Canada and unable to attend the scheduled date.
• Once to be reprimanded in Chinese for missing a date, even though I provided medical documentation explaining that the entire ordeal had led to adaptive disorder—a condition experienced by individuals who are forced to repeat actions they perceive as nonsensical, over and over again.

I am just guessing, but at this rate, the justice system has been failing me so spectacularly that I would estimate my criminal—and currently dismissed—case against her will drag on for at least four more years. Frankly, a government having a thug confront me in the night and put a bullet in my head would seem more humane, ethical, and dignified than the relentless ordeal and injury I have endured in Taiwan.